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RECORDI\G REQI:ESTED BY:
FIRST A.i1ERIC.~1.\ TITLE COi1PA*7Y
WHEN RECORDED RETIRN TO:
CITY OF ARROYO GRANDE
CITY CLERK'S OFFICE
P.O. BOX 550
ARROYO GRANDE, CA 93421
JULIE RODEWAtb Lo
San Luis Obispo County-Clerk/Recorder 7/23/2007
flecordetl at the request of 9:09 AM
First American Title Company
coca : 2007049731 7RIes: ~ Pages: 5
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PAID $19.00
AMENDMENT TO AFFORDABLE HOUSING AGREEMENT
This Amendment to Affordable Housing Agreement ("Amendment") is made and
entered into this ~µday of .1 UL 2007, by and between the CITY OF ARROYO
GRANDE, a municipal corporation ("City"), and Ocean Oaks LLC, a California limited
liability company, with offices at 191 S. Oak Park Blvd., Suite 10, Grover Beach CA
93433 ("Developer"). The City and Developer are sometimes referred to herein as the
"Parties".
WHEREAS, Developer is the owner and developer of real property located within the
City of Arroyo Grande commonly referred to as Tract 2616 (the "Property");
WHEREAS, Developer has constructed sixty (60) residential condominium units and
associated common area improvements, (the "Project"), on the above-described
Property;
WHEREAS, the Project is required to include six (6) low-income and nine (9) moderate-
income affordable housing unit(s) for senior citizens (collectively, "Affordable Units"),
pursuant to the Conditions of Approval for Conditional Use Permit No. 01-010 and
Tentative Tract Map No. 2616;
WHEREAS, on March 22, 2007 the City recorded an Affordable Housing Agreement
(the "Agreement") on the Property as Instrument Number 2007019176 consistent with
the requirements of Condition of Approval Number 19 of Resolution No. 3765;
WHEREAS, the Agreement encumbered all sixty (60) condominium air space units
within Tract 2616; and
WHEREAS, it is the intention of the Parties by this Amendment, to modify the
Agreement to only encumber the fifteen (15) Affordable Units of Tract 2616.
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...
NOW THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, the Parties agree as follows:
1. Amendment of Affordable Housing Agreement. The Parties agree that Exhibit "A"
of the Affordable Housing Agreement shall be replaced in its entirety with the
Exhibit "A" attached hereto and incorporated herein.
2. Terms. The Parties agree that except as modified herein, all other terms and
conditions of the Affordable Housing Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, this Agreement has been duly executed by the undersigned as
of the date set forth below.
CITY OF ARROYO GRANDE:
S~EVL`_ DA ,City Manager
OCEAN OAKS, LLC:
By: OCEAN OAKS BUILDERS, INC.
Its: Manager
By:
Gary L. ng s Pres ent
APPROVED AS TO FORM AND LEGAL
EFFECT:
TI OTHY J RMEL, City Attorney
EXIHIBIT "A"
AIRSPACE ENVELOPES NOS. 2, 12, 13, 16, 17, 21, 24, 25, 28, 41, 44, 45, 49, 52, 53
OF TRACT 2616, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA, AS SHOWN AND PARTICULARLY DESCRIBED
ON THE FIRST AMENDED CONDOMINIUM PLAN FOR TRACT 2616, RECORDED
JANUARY 11, 2007 AS INSTRUMENT NO. 2007-002198 OF OFFICIAL RECORDS.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 1, ~A1 ~ S ~ `J~SPp ss.
On ~- ~ ~"~~ ,before me, ~~Lt,U l,V~'-rrnoRE~I~.b~Q~ 1 U(jC~C ,
Date -t~- • ' ame and Tdle of Oficer (e.g.,'Jene Doe, Notary Public")
personally appeared S I cV~N Alta m S _ ,
ersonally known to me
^ proved to me on the basis of satisfactory
evidence
i KEUY WETMtJpE
CommYebn ~- Ib197~9
~v lilbrc • CeKAogtlo
MY Camm. E>rplwr fep~a
Place Notary Seal Above
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITN~ ~ hand and officials al.
Sign. re Notary Public / v
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this fomt to another document. ,
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
^ Individual i
^ Corporate Officer -
^ Partner-^ Limited
^ Attorney in Fad
^ Truste
^ ~
Guardian onserv
^ Other:
of Pages:
Signer Is Representing:
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®199] National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • ChaLSVrorth, CA 913132402 Prod. No. 590] Reorder Call Toll-Free 1-800-8]6682]
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
File No: 4010-118303 (BR)
STATE OF California )SS APN No: 044-360-043
COUNTY OF San Luis Obispo )
On July 19, 2007 before me, B. 7. Valverde ,Notary Public, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my
Signature
B.J. VALVEROE
COIAM. # 1573708 x
Notary Publio-CalROmla .
Caumy of San Luls Obispo
Comm. . Ma 24, 2009
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
documents.
Q INDIVIDUAL
Q CORPORATE OFFICER(S) TITLE(S)
Q PARTNER(S) ^ LIMITED
0 ATTORNEY-IN-FACT
Q TRUSTEE(S)
Q GUARDIAN/CONSERVATOR
0 OTHER
SIGNER IS REPRESENTING:
Name of Person or Entity
Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required by law, it muld prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Reprotlucetl W Flrst Amerion TNe Inwance 1/2001
^ GENERAL
END OF DOCUMENT